Show U of V Student Arrested For Swearing In Parking Lot By Cooper N. N Melton The Cavalier Daily University of Virginia An Albemarle County General District Court judge recently dismissed a case against year first-year University of Virginia student Kirk Lindgren whom police charged last May with violating a commonwealth statute against public usage of profane language Albemarle County police officer officer officer Ron Kesner approached Lindgren May 13 in the Albemarle High School parking lot and issued him a mons for profane swear swear- intoxication ing in public a Class IV misdemeanor Lindgren a senior at Albemarle High School when police arrested him opposed the charges on the grounds that they violated his First Amendment right to freedom freedom freedom free free- dom of speech Kesner said Lindgren ran to a friends friend's departing vehicle pounded pound pound- ed on it and shouted Next time I see you you can suck my d d d- you p p- p faggot Come back here Ill I'll f f- f you up When Lindgren argued incourt incourt in incourt court that the arrest violated his Albemarle General District Court Judge Steven Helvin asked UV law student Todd Benoff to help Lindgren learn leam the laws which concerned the charges against him Helvin dismissed the charges on the grounds that the statute does not define detine clearly what profanity isor isor is isor or what constitutes free speech Lindgren said working with Benoff taught him a lot about his his- constitutional rights You do have First Amendment rights as long as youre you're not trying to start a fight he said You can say whatever you want as long as youre you're not causing a disturbance Kesner said he will stand by his decision to issue Lindgren a summons I 1 dont don't have a problem with environ environ- profanity in a closed ment 5 see Swear on pg Swearing continued from pg 1 J But in a school high-school parking lot where you have children and parents within earshot then I believe its it's a violation of the law he said During the incident there was a large crowd in the parking lot because a game had just finished he added Lindgren said the case wont won't affect his public demeanor I think a lot of people use cuss cusswords cusswords cusswords words these days and it wont won't change at all he said Despite the ruling Kesner said he will continue to act if he hears obscenities in public areas I will continue to charge under the statute because its it's there and its it's clear he said What I see in front of me determines what they're charged with but its it's up to the judge to decide if hes he's guilty |